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posted Feb 21, 2020 9:10:31 AM

Debt deduction

I have a personal debt owed to me.  The borrower filed and had a bankruptcy completed in 2019.  Is there any option to me to claim this uncollectable debt as a deduction on my tax return.

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1 Replies
Alumni
Feb 21, 2020 1:58:07 PM

Maybe...here is a link to IRS Topic No. 453 Bad Debt Deduction.  First, unless you are in the business of lending money, the most likely treatment of this is a nonbusiness bad debt...you state the debt is personal...so that seems to make this a nonbusiness bad debt.

 

https://www.irs.gov/taxtopics/tc453

 

There are a couple of links on the page, one of which leads to Publication 550, which should have a discussion about what constitutes a valid debt.

 

This is a direct quote from the first paragraph of the Topic No. 453 discussion.

"For a bad debt, you must show that at the time of the transaction you intended to make a loan and not a gift. If you lend money to a relative or friend with the understanding the relative or friend may not repay it, you must consider it as a gift and not as a loan, and you may not deduct it as a bad debt."

 

Link to Publication 550

 

https://www.irs.gov/pub/irs-pdf/p550.pdf

 

read page 54 under Nonbusiness Bad Debts.

 

Also, you don't state if the borrower is/was related to you.  That makes a difference.  Be sure to read about related party transactions.  Most times, related party transactions are not deductible.

 

I hope that helps.